Criminal Investigation (Extra-territorial Offences) Act 1985

Queensland CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) ACT 1985 Reprinted as in force on 22 October 1999 (includes amendments up to Act No. 16 of 1999) Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 22 October 1999. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) ACT 1985 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Objects relevant to the investigation of an offence . . . . . . . . . . . . . . . . . . . 5 4 Issue of search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Authority conferred by and other incidents of a search warrant . . . . . . . . . . 7 6 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Ministerial arrangements for transmission and return of seized objects . . . 8 8 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s2 Criminal Investigation (Extra-territorial Offences) Act 1985 CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) ACT 1985 [as amended by all amendments that commenced on or before 22 October 1999] An Act to provide for the issue of search warrants for the investigation in this State of certain offences against the law of other States and Territories and for other purposes ˙ Short title 1. This Act may be cited as the Criminal Investigation (Extra-territorial Offences) Act 1985 . ˙ Definitions 2. In this Act— “appropriate authority” means the following— (a) for the Commonwealth—the chairperson of the National Crime Authority established under the National Crime Authority Act 1984 (Cwlth); (b) for the Australian Capital Territory—the Australian Federal Police commissioner; (c) for New South Wales— (i) the chairperson of the Independent Commission against Corruption established under the Independent Commission against Corruption Act 1988 (NSW); or (ii) an authority exercising, in relation to the New South Wales police force, functions corresponding to the Queensland police service commissioner’s functions in relation to the

s2 4 s2 Criminal Investigation (Extra-territorial Offences) Act 1985 Queensland police service; (d) for Queensland— (i) the chairperson of the Criminal Justice Commission established under the Criminal Justice Act 1989 ; or (ii) the commissioner of the police service; (e) for another State or territory—an authority exercising, in relation to the police force of the State or territory, functions corresponding to the Queensland police service commissioner’s functions in relation to the Queensland police service. “approved form” see section 8. “corresponding law” means a law of another State, or of a Territory, declared under a regulation to be a corresponding law. “night” means the interval between 9 p.m. and 6 a.m. “obstruct” includes assault, threaten, abuse, insult, intimidate, hinder and attempt to obstruct. “offence to which this Act applies” means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in Queensland, would attract criminal liability under the law of Queensland). “owner” , of an object, includes a person entitled to possession of the object. “premises” means a building, structure or any place whatsoever (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle. “reciprocating State” means another State, or a Territory— (a) in which a corresponding law is in force; and (b) in relation to which arrangements are in force under section 7. “search warrant” means a warrant under this Act authorising a search of premises. “telephone” includes any telecommunication device.

s3 5 s4 Criminal Investigation (Extra-territorial Offences) Act 1985 ˙ Objects relevant to the investigation of an offence 3. For the purposes of this Act— (a) anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed; or (b) anything that may afford evidence of the commission of an offence; or (c) anything intended to be used for the purpose of committing an offence; is an object relevant to the investigation of the offence. ˙ Issue of search warrants 4.(1) Where, upon the application of a police officer, a magistrate is satisfied that there are reasonable grounds to believe— (a) that an offence to which this Act applies has been, or is intended to be, committed; and (b) that there is at any premises an object relevant to the investigation of that offence; the magistrate may issue a search warrant in the approved form in respect of those premises. (2) An application for the issue of a search warrant may be made either personally or by telephone. (3) The grounds of an application for a search warrant shall be verified by complaint in the approved form under oath. (4) An application for the issue of a search warrant shall not be made by telephone unless in the opinion of the applicant a search warrant is urgently required and there is insufficient time to make the application personally. (5) Where an application for the issue of a search warrant is made by telephone, the following provisions apply— (a) the applicant shall inform the magistrate of his or her name, and of his or her rank and number in the police service, and the

s4 6 s4 Criminal Investigation (Extra-territorial Offences) Act 1985 magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a police officer; (b) the applicant shall inform the magistrate of the grounds on which the applicant seeks the issue of the search warrant; (c) if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a search warrant—the magistrate shall inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and shall not proceed to issue the warrant unless the applicant undertakes to make a complaint in writing under oath verifying those facts; (d) if the applicant gives such an undertaking—the magistrate may then make out, and sign, a search warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant; (e) the search warrant shall be deemed to have been issued, and shall come into force, when signed by the magistrate; (f) the magistrate shall inform the applicant of the terms of the warrant and the police officer shall prepare a copy of the search warrant issued by the magistrate from the information supplied by him or her; (g) the applicant shall, as soon as practicable after the issue of the search warrant, forward to the magistrate a complaint in writing under oath verifying the facts referred to in paragraph (c). (6) A magistrate by whom a search warrant is issued shall lodge the warrant, or a copy thereof, and the complaint verifying the grounds on which the application for the search warrant was made in the office of the clerk of the court, Brisbane. (7) In subsection (6)— “office of the clerk of the court, Brisbane” means the office of the person appointed pursuant to the Justices Act 1886 to be the clerk of the court for the central division of the Brisbane district appointed under the Justices Act 1886 .

s5 7 s5 Criminal Investigation (Extra-territorial Offences) Act 1985 ˙ Authority conferred by and other incidents of a search warrant 5.(1) A search warrant authorises any police officer, with such assistants as the police officer thinks necessary, to enter and search the premises to which the warrant relates, and anything in those premises. (2) Subject to any direction by a magistrate authorising execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night. (3) A police officer, or a person assisting the police officer, may use such force as is reasonably necessary for the execution of a search warrant. (4) A police officer executing a search warrant may seize and remove any object that the police officer believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued. (5) An object seized and removed under subsection (4) shall be dealt with in accordance with arrangements in force under section 7. (6) A police officer who executes a search warrant— (a) shall, before entering the premises in respect of which a search warrant is issued, upon demand produce to the occupier of the premises the search warrant, or as the case may be, a copy of the warrant prepared by the police officer pursuant to section 4(5)(f); and (b) shall prepare a notice in the approved form containing— (i) his or her own name and rank; and (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and (iii) a description of any objects seized and removed in pursuance of the warrant; and (c) shall, as soon as practicable after execution of the warrant, give the notice to the occupier (if any) of the premises in respect of which the warrant was issued or leave it for the occupier in a prominent position on those premises. (7) A search warrant, if not executed at the expiration of 1 month from the date of its issue, shall then expire.

s6 8 s7 Criminal Investigation (Extra-territorial Offences) Act 1985 ˙ Obstruction 6. A person who without lawful excuse obstructs a police officer, or a person assisting the police officer, in the execution of a search warrant, commits an offence. Maximum penalty—40 penalty units or 6 months imprisonment. ˙ Ministerial arrangements for transmission and return of seized objects 7.(1) The Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which— (a) objects seized under this Act that may be relevant to the investigation of an offence against the law of the State, or Territory, in which the corresponding law is in force— (i) are to be transmitted to the appropriate authority in that State, or Territory, for the purposes of investigation of or proceedings in respect of that offence; and (ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court) to be returned to the appropriate authority; and (b) objects seized under the corresponding law that may be relevant to the investigation of an offence against the law of Queensland— (i) are to be transmitted to the commissioner of the police service; and (ii) when no longer required for the purposes of investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court) to be returned to the appropriate authority in the State, or Territory, in which they were seized. (2) Property returned to the appropriate authority in pursuance of arrangements entered into under subsection (1) is property which is in the custody or possession of the police in the course of their duty within the

s 8 9 s 10 Criminal Investigation (Extra-territorial Offences) Act 1985 meaning of the Justices Act 1886 , section 39(1)(a)(ii). 1 (3) However, property mentioned in subsection (2) may be dealt with in accordance with the Justices Act 1886 , section 39 only if the owner of the object is unknown or can not, after reasonable efforts, be located. (4) The commissioner of the police service may delegate the commissioner’s powers under an arrangement made under subsection (1) to— (a) a police officer; or (b) a person who is a staff member of the police service under the Police Service Administration Act 1990 , section 2.5(1). 2 ˙ Approval of forms 8. The chief executive may approve forms for use under this Act. ˙ Offences are summary offences 9. An offence against this Act is a summary offence. ˙ Regulation making power 10.(1) The Governor in Council may make regulations under this Act. (2) A regulation may prescribe the content of approved forms, including, for example, the information that approved forms of the following types must provide for— (a) a complaint verifying the grounds of an application for a search warrant; (b) a search warrant; 1 Justices Act 1886 , section 39 (Power of court to order delivery of certain property) 2 Police Service Administration Act 1990 , section 2.5 (Administration of staff members)

s 10 10 s 10 Criminal Investigation (Extra-territorial Offences) Act 1985 (c) a notice given by a police officer to the occupier of premises after execution of a search warrant for the premises.

11 Criminal Investigation (Extra-territorial Offences) Act 1985 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 22 October 1999. Future amendments of the Criminal Investigation (Extra-territorial Offences) Act 1985 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

12 Criminal Investigation (Extra-territorial Offences) Act 1985 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 80 of 1990 7 September 1994 2 to Act No. 58 of 1995 18 December 1995 2A to Act No. 9 of 1997 4 July 1997 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changes names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 2 1 2 1 1

13 Criminal Investigation (Extra-territorial Offences) Act 1985 ´ 6 List of legislation Criminal Investigation (Extra-territorial Offences) Act 1985 No. 54 date of assent 20 September 1985 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 14 July 1986 (proc pubd gaz 12 July 1986) as amended by— Public Service (Administrative Arrangements) Act (No. 2) 1990 No. 80 s 3 sch 1 date of assent 14 November 1990 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Justice and Other Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss 1, 2(5) pt 8 date of assent 15 May 1997 ss 1, 2(5) commenced on date of assent remaining provisions commenced 20 June 1997 (1997 SL No. 155) Justice Legislation (Miscellaneous Provisions) Act 1999 No. 16 ss 1–2 sch date of assent 22 April 199 commenced on date of assent ´ 7 List of annotations Short title s 1 prov hdg amd 1995 No. 58 s 4 sch 1 Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 2 prev s 2 om 1995 No. 58 s 4 sch 1 pres s 2 (prev s 3(1)) renum 1995 No. 58 s 4 sch 1 def “appropriate authority” amd 1997 No. 9 s 27; 1999 No. 16 s 2 sch def “approved form” ins 1995 No. 58 s 4 sch 1 def “corresponding law” amd 1995 No. 58 s 4 sch 1 def “Police Force” om R1 (see RA s 39) def “the Minister” sub 1990 No. 80 s 3 sch 1 om R1 (see RA s 39) def “Stipendiary Magistrate” om 1995 No. 58 s 4 sch 1 Objects relevant to the investigation of an offence prov hdg ins 1995 No. 58 s 4 sch 1 s 3 (1) renum as s 2 1995 No. 58 s 4 sch 1 Issue of search warrants s 4 amd 1995 No. 58 s 4 sch 1

14 Criminal Investigation (Extra-territorial Offences) Act 1985 Authority conferred by and other incidents of a search warrant s 5 amd 1995 No. 58 s 4 sch 1 Obstruction s 6 amd 1995 No. 58 s 4 sch 1 Ministerial arrangements for transmission and return of seized objects s 7 amd 1997 No. 9 s 28 Approval of forms s 8 sub 1995 No. 58 s 4 sch 1 Offences are summary offences s 9 ins 1995 No. 58 s 4 sch 1 Regulation making power s 10 ins 1995 No. 58 s 4 sch 1 Transitional provision about forms s 11 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 11(3)) © State of Queensland 1999